Sociological Jurisprudence Flashcards
four connections between law and society
justice and legitimacy; coordination; purposivity; integration
what did von Savigny like?
common law - expression of the Volkgeist
what is Ehrlich’s living law?
rules that prevent disputes from emerging
conscience collective
the set of beliefs and sentiments common to the average members of a single society which forms a determinate system that has its own life
mechanical social solidarity
when people all do the same thing and have broadly similar values
organic social solidarity
high division of labour and very diverse set of social rules; people tend to have different moral beliefs as they live very different lives
repressive law
mechanical solidarity; law largely concerned with reinforcing sanctions for non-complying individuals
restitutive law
organic solidarity; law concerned with restitutions rather than punishment
Durkheim’s definition of law
an external index of morality
Habermas’s definition of law
the principal means of integration in the modern pluralist society, as caught between facts and norms
normative closure
Teubner and Luhmann; systems cannot speak to each other
